Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-18
COURTS OF JUSTICE.
DECISIONS IN The SUPREME COURT OF
APPEALS YESTERDAY.
Judge Wexford Refuses Anderson New
trial Pagan Acquitted United
States COURTROOM, &c.

The following decisions were givsn
yesterday in the Supreme Court of Ap-
peals--Judges Lacy, Fauntleroy, Rich
ardson, and Hinton sitting:
Home Insurance Company against
Gwathmey & Co. From the Corpora
ton Court Of Norfolk. Reversed, Judge
Lacy delivering the opinion.
| Pocock's executor against Allegheny
Coal and Iron Company. From the
Chancery Court of the city Of Rich
mond. Affirmed, Judge Richardson
delivering the opinion.
7 his was a suit for the specific per
formance Of a contract alleged TO have
been enterrd into by the Allegheny
Coal and Iron Company for the pur-
chase at 81, 500 of the Pratt farm, in
buckingham county. The lower court
found that the real purchaser was not
the company, but GeoRge Mcneil, who
was at that time an dttdch6 Of the com
pany. Judgment was given against
| McNeil by the Chancery Court of
Richmond. and the Supreme Court af
firmed the decision.
virginia Midland Railroad Company
against Roswell's administrator From
the Circuit Court of Pittsylvania coun-
ty. Reversed, Judge Hinton delivering
the opinion.
4 Young man named Roswell was
found on the railroad track Of the Mid
land road in Pi4tsylvania county in Au-
gust. 1898. lie was lying on plank
between the rails The track-walker
reused him and told him to get up, that
the train would soon pass. Roswell
raised himself up on his elbow and
said "Aha, and seemed to fully un-
dorstand what was told him, and the
track-walker, supposing that Roswell
was getting up, walkedon. Two hours
later the north bound train came along
and killed Roswell. 1t was contended
that it was the duty of the track-walker
to have stopped the train or otherwise
provided for Roswells safety II was
shown that on the day before, certainly,
Roswell bad been drinking heavily,
! though Of this the track-walker had no
knowledge The Supreme Court held
TINT Roswell was either drunk or despe-
rately reckless; that he was a trespasser
on the track, and that the company was
not liable for damages.
Lcfew against Hooper, trustee. From
the Chmcery Court Of the city of Rich
mond. Affirmed, Judge Lacy deliver
ing the opinion.
Sears against Marshall. Put on priv
| legged docket.
Rodd and wife against Dyer Argued
10y A. L. Staples, Esq, for appellees
and Samuel A. Anderson for appellants
and submitted.
NEW TRIAL REFUSED ANDERSON.
Judge Wexford, of the Circuit Court
for Henrico county, sitting in Cham
bers, on yesterday overruled the mo-
ton for a new,trial in the case of David
Anderson, convicted of burglary, with
intent TO commit an assault upon Rev.
w. c. Hall and wife, in Henrico county,
on the night of May II, 1886.
The motion was made upon three
grounds l. Separation of the jury.
2. Misconduct Of jurors 3. Because the
verdict was contrary to or without eyi-
dcnce.
Upon the first ground the Court held
that the separation had not been suffi-
cient to vitiate the verdict, and that al
though some of the jury had conversed
with outside parties after having heard |
the evidence, yet the conversations
were actually or constructively i'll the
presence of the deputy sherifls.
Upon the second ground the Court |
held that the drinking by the jury of a
quart of whiskey each day of the trial
would not avoid the verdict, it being,
in the opinion of the Court, such ga
moderate indulgence in Intoxicating |
liquors" as was permitted by the Court |
Of Appeals in Thompson's case, Grat..
G37. The Court also held the reading |
of the Dispatch by the jury on the |
morning of the conviction as not such |
misconduct as would justify disturbing |
the verdict, and distinguished this case
from that of Charles Lee, in which the |
verdict was set aside by this court be- |
cause a newspaper account of the trial
was read by the jury, by the fact that
in the Lee case the newspaper contained |
a full report of the testimony, with |
comments of the reporter upon it. A |
further ground of distinction was the |
fact that in the Anderson case the YER
diet was signed about 7 O'Clock in the |
morning Though it was not handed in |
until 10 o'clock, and the Dispatch was |
not read by the jury until half-past 7.
Upon the ground that the verdict
was contrary to the law and evidence
the Court held that it could not inter
fere. Sentence will be pronounced in |
a few DAYS upon the prisoner in accord |
ance with the verdict of the jury-viz.,
confinement for seven years in the |
penitentiary; after which suspending |
order will be entered to allow opportu-
nity to counsel for the prisoner to carry |
the case to the Court of Appeals.
CITY CIRCUIT COURT.
in the case of ID. w. Logan as. The
Richmond Cooperative Manufacturing |
and Commercial Company, in which on
Wednesday verdict was rendered for
the plaintiff, the verdict, on motion of
defendants counsel, was set aside and
new trial granted.
II. NJ. Smith & Co. as. John G.
Batchellor, action on open account.
Verdict for S94.04.
William II. Parrish as. John II. Nc
Cullough, action of debt. Verdict and
Judgment for S203.49.
j. J. Nicholson l. Sons Us. b. L.
johnson & Co., negotiable note. Yer
dict and Judgment for SS31.44.
MIR. Willoughby Newton, Jr., quail
fed to practice in this court.
The following suits were instituted:
Davenport & Morris as. o. l.. Smith,
an open account for 5000; German Ex-
change Pank as. Blackburn & Co., on a